Can Arbitration Be Saved?
March 2, 2016
I preface this post with the disclosure that in my practice I serve both as an arbitrator — AAA administered and privately administered — and
Blog
The Mediator’s Role In Positional Bargaining, Part 1
September 2, 2015
In spite of an acknowledged preference for interest-based “principled” negotiation, I acknowledged in my previous post that every civil mediation eventually becomes a positional battle.
Is Positional Bargaining Unavoidable?
July 30, 2015
One of the primary tenets of Roger Fisher and William Ury’s book “Getting to Yes” is that negotiations should focus on interests not positions, i.e.,
Are You Competitive or Cooperative?
April 23, 2015
As a 49ers fan I have been intrigued by stories about the former head coach, Jim Harbaugh. His brother, Ravens coach John Harbaugh, tells the
New AAA Rules for Fixed Time & Cost Construction Arbitration
August 4, 2014
The American Arbitration Association recently announced new streamlined rules for arbitration specifically designed for the construction industry. AAA believes that the new procedures are most
Amazing Face Reading
January 12, 2014
At a recent meeting of a trade group, the lunch time speaker was Mac Fulfer, a lawyer and professional face reader. So what is a
Getting to Yes: Focus on Interests Not Positions
December 12, 2013
By far the most often quoted tenet of “the Method” is to avoid positional bargaining and instead focus on the underlying interests of the opposite
Getting to Yes: Separate the People from the Problem
October 22, 2013
The first tenet of what Fisher & Ury call “The Method” is to separate the people from the problem. Although I think I understood their
Back to the Basics
September 22, 2013
I have recently been reading a number of relatively new books with claims of a revolutionary new way to approach negotiation. Without exception and without
Different Strokes
September 12, 2013
At one mediation I heard counsel accuse the plaintiffs of lying and engaging in “litigation lottery,” hoping for a big payoff. This mediation was over
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